Maryland Motorcycle Accident Lawyer Blog

Baltimore has become a very popular city with cycling enthusiasts. However, with that popularity comes increasing number of cyclists on city streets, sharing lanes with passenger cars, motor-powered two-wheelers, large SUVs and commercial trucks of all types. Whether you’re an optimist or not, recent data may have bicycle riders grinning ear-to-ear while at the same time looking over their collective shoulders more than ever.

According to Transportation for America (TOA), the pedestrian and bicycle safety organization, over 76,000 Americans have been killed in the past 15 years simply crossing the roads in their very own communities.

As Maryland personal injury lawyers, I and my colleagues offer legal services to individuals hurt in bicycle and automobile-related accidents. Many of these accidents are caused, sadly, by the negligence of motorists or because of commercial trucking accidents. As injury attorneys, all of us have sensed the pain and seen the suffering that can follow a cycling accident resulting from a car or truck crash. It goes without saying that the medical costs associated with treatment and rehabilitation from such accidents can become quite expensive.

The TOA’s report on pedestrian injuries and fatalities nationwide ranked metropolitan areas in terms of accident frequency for persons on foot as well as on bicycles. The shocking part of the study for this office was the authors’ description of the total deaths across the nation as being equivalent to a commercial airliner crashing with a full passenger load once a month.

Transportation for America points out that nearly 4,000 children under 16 years have been killed so far in the 2000s. Based on the TOA’s numbers, the study stated that children, the elderly and infirm individuals, and ethnic minorities are over-represented when it comes to total death count.

The study also pointed out that while many pedestrian deaths (which in this case includes not only persons on foot but also bicycle riders) are typically termed “accidents,” suggesting an error either on the part of the motor vehicle operator or the person on foot or on his or her bike. However, the TOA stresses that a large percentage of supposed accidents occurred along roadways that were, as they term it, “dangerous by design.” This is to say, that maybe the blame should be aimed at poor roadway and sidewalk design, rather than at the drivers, pedestrians and cyclists who use those walkways and streets.

Continue reading "Maryland Bicycle Injury Update: Baltimore and D.C. Rank 29th and 32nd Nationwide in Fatal Traffic Accidents" »

Now that Maryland’s weather is getting better, it would appear that bicycle season is in full swing. Spring is a wonderful time, but dangers are always present when riding on public roads, especially heavily trafficked thoroughfares. My office handles numerous injury accidents every year, a percentage of those represent bicycle-car and bike-truck crashes.

One thing I’ve learned practicing in this area: You can never, ever be too cautious. The lack of protection when cycling is evident by the frequent stories of bicycling enthusiasts who are occasionally injured or killed in traffic accidents. My suggestion to anyone contemplating riding in the city or other congested roadway is to assume nobody sees you on your bike.

Maybe in the future laws will be tightened in favor of the even increasing population of bicycle riders, but until then I also remind motorists -- as a Baltimore automobile accident aattorney --to be vigilant and watch out for cyclists at all times, especially in the warmer weather. Recently an editorial appeared in the Baltimore Sun suggesting that bikes get a little extra room from the four-wheeled neighbors.

According to the author, Maryland should seriously consider adopting the so-called Three-foot Rule, which could make the roads safer for everyone. This call follows an observation that many cycling fans find riding a bike much too danger for their taste.

Does riding a bicycle really have to be so dangerous? One suggestion to bring a balance back to the car-versus-bike equation is adding bike lanes. There are, says the writer, a number of simple legislative options that can go further than road markings would.

Adopting the three-foot safe-passing distance law is one such approach that is under consideration (H.B. 461) in the Maryland General Assembly. Sponsored by Delegate Jon Cardin, at the time of the article it was stalled in the Environmental Matters Committee. Apparently the co-chair of that committee, Delegate James Malone, opposed a nearly identical bill last year mainly over concerns of enforceability.

The author points out the genius of this legal option, which requires no dedicated funding and would mandate that motorists give three feet between themselves and a cyclist under most circumstances (unless there is already a bike lane one the road or if the cyclist isn't following certain state requirements).

Can it work? According to the article, 14 states and the District already have versions of the law currently in effect. There are numerous pros and cons, but if lives could be saved and injuries reduced, why not consider it?

To make our roads safer for bicycles, Maryland should adopt the '3-foot' rule, BaltimoreSun.com, March 21, 2010

A recent editorial brought up an interesting traffic topic as relates to bicycle-car accidents here in Maryland and across the country in general. As Baltimore injury accident lawyers, we see many victims of traffic collisions, both from truck and car crashes as well as bicycle accidents caused by drivers of motor vehicles. It’s no surprise that when a car and bike tangle on public streets, the cyclist is usually the first to be hurt, sometimes critically. Head injuries are most common, even with helmet use, as are spinal damage, neck injuries and broken bones.

The editorial pointed out that road rage may be to blame for many of the car-bike accidents around the nation, yet authorities may be turning a blind eye to the problem. As drivers in the Baltimore area, as well as other urban and rural areas, I’m certain that more than one person has experienced the anger of another driver on the road. It’s not hard to imagine how much more dangerous this kind of behavior can be when directed toward a cyclist -- the results could be deadly.

According to the editorial, there is a sort of “traffic injustice” felt by bicycle riders in some of the nation’s urban centers. The author based his comments on articles documenting certain road rage trials and suggested that individuals can’t ride their bicycles anywhere with safety due to the lack of seriousness on the part of law enforcement when it comes to car-bike accidents that smack of road rage.

Using the analogy of a New Year’s reveler discharging a pistol into the air only to kill an innocent bystander somewhere across town, the author suggests that police are more likely to arrest that gun owner for manslaughter than to charge a driver for intentionally going after and killing a cyclist during a bout of road rage.

The New Year’s incident is hypothetical, yet the author’s point is made very clear; no law enforcement agency would treat this unintentional New Year's death as “just an accident” unworthy of serious charges, says the author. However, as he explains, when the instrument of injury or death is an automobile in the hands of a careless driver, this is often exactly what happens, according to the author.

Continue reading "Baltimore Cycling Accident News: Road Rage Blamed for Auto-Bicycle Crashes in Maryland and Across U.S." »

Almost every time a person is involved in a bicycle-auto accident the bike rider is almost guaranteed to be seriously injured. Various factors will determine to what extent those injuries are suffered, but the outcome is rarely good for the cyclist. As a Baltimore injury accident attorney, I have come across some fairly horrendous cases.

Injuries typically sustained by cyclists in automobile-related traffic accidents range from simple bruises and scratches to broken bones, spine and neck trauma, and serious head injuries. Fatalities are not uncommon as are permanently disabilities that make even the simplest of tasks nearly impossible and requiring the assistance of a full-time caregiver.

Although I and my colleagues are always ready and willing to assist victims of bicycle-car or bike-truck crashes, we would much rather that people not become injured in the first place. To that end, below are a few suggestions or pointers to keep in mind when planning your next foray onto the streets and roadways of Maryland’s cities, suburbs and rural areas.

Accessories that Can Make a Difference
The following items can be very helpful in either preventing an accident or lessening the effects of a collision with a delivery truck, car or SUV. Although nothing can protect a rider completely, these accessories may be able to keep potential injuries to a minimum.

Helmet -- Certainly the most important of all safety-related cycling equipment, a properly fitted helmet can make the difference between surviving a traffic accident on your bike and never coming home again. Ask any safety expert and you’ll learn that bicycle helmets can reduce significantly the number and severity of head injuries sustained in a car-bicycle accident or even a single-bike crash.

Horn -- Prevention is the key to safety when riding a bicycle in busy city centers and even in sleepy neighborhoods. To be sure, many bike accidents happen because a driver does not see an approaching cyclist and either turns or pulls out in front of a cyclist. A loud horn mounted to your bike will greatly improve your chances of being heard, then seen and hopefully avoided.

Mirrors -- Bicycle riders can make very good use of rear-view mirrors to better see what vehicles are approaching from behind. Knowledge is power and knowing whether a large delivery truck is about to pass you can help you prepare. Mirrors can be attached to handlebars or helmets. New cycling-specific sunglasses come equipped with small mirrors that allow the rider to see behind. This is extremely important as the statistics show that many cyclists are hit from behind by vehicles they were never even aware of before the crash.

Continue reading "Maryland Bike Injury Update: Bicycle Safety Equipment can Reduce Chance of Serious or Fatal Accidents" »

As a personal injury attorney practicing in the Baltimore area and representing residents of Maryland injured in bicycle accidents around the state, I have a detailed understanding of how an auto-bike crash can change the course of a person’s life. Whether it is a youngster riding a new bicycle around his or her neighborhood, or a teenager going to class at a local junior or senior high school, accidents can occur anywhere cars and kids on bikes meet.

Safety starts at home and parents can do much to instill in their children the correct and safe way to operate their bikes on public roads. Bicycle riding can be a pleasant way to commute and has always been a rite of passage for kids getting their first two-wheeler. But with this enhanced mobility comes added responsibility, both for the parents and the kids.

For most children, riding a bicycle throughout their neighborhood or to get to school can result in many wonderful childhood memories. But sadly, every year hundreds of kids are either killed or seriously injured in automobile-bicycle accidents. Making sure that your child does not become part of this tragic statistic is every mother and father’s goal. Here are a few tips on teaching kids about bicycle safety:

1) Be aware of your surroundings. One of the most important things you can teach your children is to understand the local traffic environment. This is especially important because kids usually haven’t honed their powers of observation by the age they get their first bike.

As a parent or guardian, you should try to teach your child to carefully observe their environment. This is critical to all other safety tips you give them for riding their bike near motor vehicle traffic. Insist that they keep their eyes and ears open at all times while riding a bicycle, even if it’s right in front of their own home in a quiet neighborhood.

2) Wear that helmet. While you can teach kids everything they need to know about safe riding, accidents can and do still happen, even to the best prepared riders. In such cases, it is very important that your child have as much protection as possible in the event of a crash. Wearing a properly fitted and right-sized helmet can make the difference between a minor accident with just bruises and scratches and a potentially life-threatening crash.

Continue reading "Maryland Bike Injury Update: Reducing Tragic Car-Bicycle Accidents by Teaching Kids Safe Riding Techniques" »

Being a personal injury lawyer and practicing Maryland bicycle accident attorney I understand the causes for bicycling injuries in and around large municipalities. Living and working in Baltimore, Annapolis, D.C. and other cities around the state, cyclists must be constantly aware of the dangers presented by other vehicular traffic, as well as watch out for pedestrians and parked cars.

Although bicycle crashes cannot totally be prevented, having some key safety equipment on your bike can make a big difference in helping riders avoid serious injury or death. Cycling is fun, rewarding and healthy, not to mention energy efficient and economical. Although the weather is still rather cold and snowy for most riders’ comfort, the following tips can get you in a safe state of mind once spring rolls around.

Here are five useful accessories that every bicycle rider should consider from the standpoint of accident avoidance and crash survival. Whether you choose to include any or all of the following items in your compliment of cycling gear is up to you. Just keep in mind that any time an automobile and a bicycle meet in a traffic collision, the bike and its rider are usually the ones to suffer.

1) Audible signaling device, such as a horn. Most bike accidents happen when the driver of a car, truck or SUV does not see the cyclist approaching and turns his vehicle into the bike’s path. Having a load horn, especially in loud urban setting, could help to get a driver’s attention before disaster strikes.

2) A rear-view mirror. A large number of cycling-related injuries and deaths are attributed to the rider being hit from behind by a motor vehicle, such as a delivery truck, city bus or passenger car. Using a rearview mirror can help riders avoid this kind of accident by allowing them to see what’s approaching from behind.

For relatively little money, cyclists can purchase rear-view mirrors that clip to the bike’s handlebars, or onto the rider’s helmet. Some newer cycling glasses combine sunglasses with tiny rear-view mirrors built right into the frames.

3) A headlamp. Maryland, like most other states, requires cyclists to have an operating headlamp for use after dark. Although your odds of being cited for not having a headlamp could be quite low, not taking advantage of a headlamp for night riding would be inviting danger on the road. A headlamp serves two separate and distinct functions; first it provides needed forward lighting so that the rider can actually see the roadway ahead of him or her, and thus avoid potholes or road debris that could cause a puncture or serious injury; second, it lets other drivers and slower-moving pedestrians see you coming in the dark, and hopefully avoid a possible accident.

Continue reading "Baltimore Bicycle Accident Update: Safety Equipment for Bikes could Help Save Lives" »

In Baltimore, Annapolis, the District of Columbia, and other municipalities across Maryland and the surrounding area, more and more people are riding bicycles as a way to reduce commuting costs and lead healthier lives. As a bicycle accident attorney and experienced personal injury lawyer, I know the freedom and invigoration that bike riding provides many in our community.

Unfortunately, with more people bicycling to work and school, the potential for bodily injury may also be on the rise. It’s not unusual for a rider to sustain broken bones and lacerations as a result of a collision with a motor vehicle, such as a passenger car, SUV or delivery truck. Instances of car-bike accidents usually increase with the higher traffic density found in medium and large metropolitan areas.

In an effort to alleviate, or at least limit the potential for traffic accidents involving bicyclists, our state legislature is doing its part to help cyclists have more rights on publics roads. According to news reports, the Maryland Senate this recently approved a measure requiring motorists to give bicycles, scooters and other personal transportation devices, such as Segways, at least three feet of space whenever possible.

Currently, passenger car drivers and operators of other motor vehicles are required to exercise "due care" when passing people on bicycles, however the Senate wanted the law to be more specific when it comes to two-wheel and personal transportation. As part of the proposed legislation, a measure has been included that would direct drivers to yield right-of-way at intersections when a cyclist is in a designated bike lane or lawfully riding on the shoulder.

Violation of these new proposed rules would result in a misdemeanor with an associated maximum fine of $500.

Senate wants drivers to move over for cyclists, BaltimoreSun.com, February 11, 2010

It won’t be long before the promise of spring weather entices more and more cyclists out onto the roads in and around cities like Annapolis, Bethesda and D.C., among others. As Maryland traffic accident injury attorneys, the staff at Lebowitz & Mzhen, LLC can see a shift toward greater environmental consciousness, so it’s not surprising that more people are using bicycles to get to work, school or even to the store for some light shopping.

Unfortunately, even though more riders are out on the roads, our traffic laws and driver awareness are apparently behind the times. What does this mean in terms of increased traffic accidents and bicycle riding injuries? According to a recent editorial, the percentage of people using bikes for transportation has been on the rise for nearly 20 years, with no expectation that this trend will change any time soon.

To accommodate this increase in two-wheeled traffic, engineers and traffic planners have been working to update the state’s infrastructure and to encourage cycling and create a more safe environment for autos and bikes to coexist. There has also been a call for improved and updated legislation as well.

According to many cycling advocates, some laws unnecessarily restrict safe cycling or where cyclists can ride or park their bikes. There are other laws that haven't really caught up with current technology, which makes our public roads more dangerous for all users. There is also a cry for increased protection for those more vulnerable users or to punish negligent car and truck drivers.

Some suggest that Maryland replace contributory negligence with comparative negligence. Maryland, Virginia and the District of Columbia are three of only five "states" that use contributory negligence to establish damage awards in civil cases. Under this standard, if an injured road user was even one-percent at fault for a crash involving another road user that person would be unable to recover damages unless he or she could prove that the other road user had the "last clear chance" to avoid the accident.

Last clear chance involves proving four separate facts about the crash, all of which must be true, and can be difficult to prove. This is why it is always important to have an experience legal professional on your side in personal injury cases.

The majority of jurisdictions around the county use some form of comparative negligence, which allows the injured party to recover some of their loses even if they were partially to blame. Contributory negligence is a favorite of big business and the insurance industry, however it punishes victims who are disproportionately pedestrians and cyclists.

12 ways our region could reform bicycling laws, GreaterGreaterWashington.org, January 22, 2010

There are proposals being put forward that could go a long way toward increasing the number of bicycling enthusiasts who choose Baltimore as their home. Of course, with an increase in bikes, there will also be an inevitable increase in cycling accidents, including car-bike collisions, severe truck-bicycle wrecks and even fatal traffic accidents involving bicycles, as well as bike-pedestrian crashes.

As a Maryland personal injury lawyer handling bicycle accident cases, I and my colleagues know the pain and suffering that can accompany a bike-auto traffic collision. Unfortunately, the laws of physics are on the side of the automobile, which means cyclists must be on their game 110 percent if they want to survive in an urban traffic setting.

According to news reports, Baltimore’s city counsel is looking to make Baltimore streets safer for cyclists, and in doing so encourage a whole new group of potential resident to make this city their home.

Of course, it’s well known that Baltimore's congested and pothole-ridden streets pose many hazards to cyclists. Numerous bikers have been hit or forced off the road by negligent motorists. Even drivers who care about cyclists don’t always consider these smaller two-wheeled vehicles due to a lack of bicycle awareness programs.

Still, a number of laws have been proposed recently by City Councilwoman Mary Pat Clarke that are aimed at encouraging more people to travel by bike while also making our city streets safer for bicycle riders. This would seem to be all for the best since cycling is great for the environment and great for a person’s health. Many younger people enjoy biking, which is one reason that the Clarke feels Baltimore could become a “bicycling city.”

Initiatives include creating lanes exclusively for bikes, requiring bike parking facilities at workplaces and new buildings, and adopting a "complete streets" philosophy to include the needs of cyclists and the safey of pedestrians in road projects.

One of the easiest and most beneficial change that has been proposed is altering the orientation of sewer grates. Currently, many or all grates run parallel to flow of traffic, which can cause a bike’s wheel to become caught in the gap and flip a rider. The law would require the openings to run perpendicular so that wheels can roll over them without incident.

According to news articles, many of these proposed measures have been inspired by the unfortunate death of John R. "Jack" Yates, a 67-year-old cycling enthusiast who suffered fatal injuries when his bike became entangled in the rear wheels of a truck. Yates was an activist who counseled young people and collaborated with Councilwoman Clarke on various community projects in the past.

The measures, which will be aired during City Council hearings in February, will reportedly dovetail with Baltimore’s 2006 bike master plan, according to city’s transportation department, which oversees bike and pedestrian planning.

Proposals seek to encourage more cyclists and to make Baltimore streets safer for them, BaltimoreSun.com, December 27, 2009

Every year in Baltimore, Annapolis and other cities and towns across Maryland, dozens of bicycle riders are injured or killed by inattentive motorists on city boulevards, suburban streets and country roads. As Maryland bicycle accident lawyers and personal injury attorneys, our firm is aware of the dangers present on our public roadways.

Cyclists have next to no protection when it comes to a collision with an automobile, sport utility vehicle or pickup truck. Commercial vehicles pose even greater threats to bike riders; accidents involving semi tractor-trailers or urban delivery vehicles can many times be fatal. Minor cuts and bruises are nothing compared to broken bones, deep lacerations and other life-threatening injuries such as spine and brain trauma.

Avoiding injury on a bicycle is one of the key jobs of a cyclist, yet there are many other ways to protect oneself while peddling around town. It is important to remember that under Maryland law bicycles are considered road-going vehicles, which means bicycle riders have the same rights and responsibilities as drivers of cars and trucks.

The biggest drawbacks to riding a bicycle in traffic is that riders are less visible and much quieter than cars, not to mention having no protective sheetmetal surrounding the operator. Sadly, this mean that even the slightest mistake by a cyclist can mean the difference between living another day or dying from a fatal traffic accident.

Hear are a few suggestions (and laws) for every rider to remember the next time he or she takes to the street on that shiny two-wheeler:

-- Bicyclists fare best when they act like and are treated as drivers of vehicles
-- Most crashes occur during daylight hours; May through September
-- A helmet must be worn by anyone under the age of 16 who rides a bicycle on public roads, bicycle paths, or other public property
-- A bicycle may not carry an additional passenger unless specifically designed for the task
-- A rider must not wear a headset or earplugs that cover both ears
-- Bicycles must obey the same traffic laws as cars
-- Cyclists should ride in the same direction as automobile traffic
- -Wear reflective gear after dark and have a working light on your bike

For more information visit http://www.choosesafetyforlife.com/bicycle.htm